Suspected CBS source urged "dirty" tactics

Seattle times ^ | September 18, 2004 | Michael Dobbs

[AmericanMade1776]

In e-mails to a discussion group for Texas Democrats in recent months, Burkett laid out a rationale for using "down and dirty" tactics against Bush. Burkett said he had passed on his ideas to the Democratic National Committee but that the DNC seemed "afraid to do what I suggest."

In another message, dated Sept. 4, Burkett hinted he might have had advance knowledge of some details contained in an explosive segment on CBS News' "60 Minutes" one week later. In addition to an interview with former Texas Lt. Gov. Ben Barnes claiming he helped Bush get into the Guard, CBS broadcast documents purportedly showing that Bush had disobeyed a direct order to take a physical required to continue flying in the spring of 1972.

"I believe that Bush knows that there is more coming out than Ben Barnes," Burkett wrote. "No proof, just gut instinct."

[tvn]

MEDIA ETHICS PROJECT SEEKS FCC RULING AGAINST CBS NEWS FOR RATHERGATE


Media Ethics Project (“MEP”) of New York today petitioned the FCC to sanction CBS News and its parent organization, Viacom, Inc., for its recent broadcast of news reports based on forged documents.

In announcing the FCC filing, MEP Chairman William L. Whitely stated: “Most people familiar with Dan Rather’s reports have seen solid evidence from various credible sources showing the documents to be forged. Yet, day in and day out, CBS has stubbornly continued to maintain that the memos are authentic. This supremely arrogant conduct violates the public trust and FCC rules and policies. Viacom cannot be allowed to flaunt the Commission’s rules in this manner. ”

MEP seeks a ruling by the FCC finding that the deliberate actions of CBS and Viacom maintaining the authenticity of the documents, constitute broadcasting of falsified, faked, distorted or staged news reports in violation of Commission policies. MEP is asking the FCC to sanction Viacom including imposing fines and ordering forfeiture of one or more broadcast licenses .

Mr. Whitely added that, “This whole episode must be regarded as a remarkable failure of management. It is truly sad that the proud traditions of professionalism of CBS News, the division built by the likes of Morrow, Severeid, Reasoner, Mudd and Cronkite, have been allowed to slowly fade away. In their place is an organization where unprincipled ego, bias, negligence, partisanship and vindictiveness apparently determine the setting of management policy. Such changes are not in the best interest of CBS, the CBS affiliates and CBS shareholders, nor, most certainly, are they in the public interest as well. Staying to this course, the House that Paley Built will likely become the Network that Rather Wrecked.”

MEP has asked that the FCC expedite its consideration of the group’s Petition for Declaratory Ruling against CBS News.

See a full copy of the MEP Petition for Declaratory Ruling at http://mediaethicsproject.blogspot.com/ or www.mediaethics.8k.com

With MEP's filing, the FCC now has a formal Petition to review requesting that CBS be found guilty for violating Commission policy prohibiting the broadcasting of falsified, faked, distorted or staged news reports as contrary to the public interest.

All interested parties will now be able to contact the FCC to request that it take immediate action on the MEDIA ETHICS PROJECT Petition For Declaratory Ruling Against CBS News.

FCC Contact Information:

Chairman Michael K. Powell: Michael.Powell@fcc.gov ---
Commissioner Kathleen Q. Abernathy: Kathleen.Abernathy@fcc.gov --- Commissioner Michael J. Copps: Michael.Copps@fcc.gov ---
Commissioner Kevin J. Martin: KJMWEB@fcc.gov ---
Commissioner Jonathan S. Adelstein: Jonathan.Adelstein@fcc.gov

[Eric in the Ozarks]

As I have predicted, Rather's departure statement will conclude with the line, "...spend more time with my family."
My bet is it'll happen within the next 10 days.

[Starstruck]

I kind of figured Max had a hand in this.

[rolling_stone]

I think the government has a legal right that their records will be accurate. CBS is licensed by the government and may not broadcast false material While not Shepardized the case I posted seemed to encompass a general right of the government to be free from deception or fraud. We shall see, but I suspect some criminal charges will be filed. There will be a law to fit even if it has to be judicially legislated.


"the courts have construed the statute broadly and stressed that Section 1001 protects the government "from the perversion which might result from the deceptive practices described"


from the case you cite:

Sparks admonished Lozano, saying that she knew at the time her acts would illegally aid the Gore campaign.

"Our whole system of government depends on free elections," Sparks said. "Our whole system of justice depends on people telling the truth."



Additionally the government has an interest in the licensing of broadcast stations like CBS thus it can be argued that defrauding CBS is defrauding the US government and the American people,,,

http://mediaethicsproject.blogspot.com/
I haven't heard a US Attorney weigh in the discussion yet...

[Cboldt]

I think the government has a legal right that their records will be accurate.

Fully protected, until the records become irrelevant. A 30 year old order to an aviator is no longer operative. It is not illegal to forge inoperative documents - because they can't be used for or against anybody or anything even if they are authentic.

a general right of the government to be free from deception or fraud

The government has not been defrauded, the people have, by CBS. It's called journalism fraud. It too is not illegal.

There will be a law to fit even if it has to be judicially legislated.

Like gay marriage was legislated by the Massachusets Supreme Judicial Court? No, thank you. If you meant there might be a common law remedy, there is none.

I'm obviously interested in how this develops, legally. But as a natural skeptic, I would like to know EXACTLY waht criminal case can be made, and so far I know of none (unless CBS paid for the forgeries on the pretext they were authentic, in which case the forger is guilty of fraud, by forgery).

[AmericanMade1776]

Finally found it...Burkett, who lives just outside of Abilene, wrote that no one at the Kerry campaign called him back.


The e-mail was distributed to a Yahoo list of Texas Democrats. The site, which had about 570 members Saturday, is not affiliated with the state party.


Republican National Committee (news - web sites) spokesman Jim Dyke suggested collaboration between Burkett and the Kerry campaign. "The trail of connections is becoming increasingly clear," he said.
http://news.yahoo.com/news?tmpl=story&cid=694&u=/ap/20040918/ap_on_el_pr/bush_guard_questions&printer=1

[AmericanMade1776]

maybe this yahoo group http://groups.yahoo.com/group/TexasDemocrat2/
Says it has 594 members or it could be this Group
http://groups.yahoo.com/group/Texas-Democrats/ but it only list 486 members

[maryz]

Pat Caddell made the point that Texas has its own strict statute against falsifying government documents. He seemed to think this would be a big problem for the Dems here.

[Ursus arctos horribilis]

"True true true. But first the threshold matter, what would a federal law officer be probing?"

Texas has a law somewhere, as to forgery of this type. With a GOP governor, they will find a way to open it up for investigation. In one way or another the FBI will find a federal law violation and become involved at some point.

[Cboldt]

Texas has a law somewhere, as to forgery of this type.

To my knowledge, it does not have such a law.

In one way or another the FBI will find a federal law violation and become involved at some point.

To my knowledge, there has been no violation of a Federal statute.

[Travis McGee]

Great graphic!

[Ursus arctos horribilis]

If one is to believe that nutcases can use forged military documents to rig a presidential election and then walk off scot free, Burkett is not alone in being delusional.

[Cboldt]

If one is to believe that nutcases can use forged military documents to rig a presidential election and then walk off scot free, Burkett is not alone in being delusional.

I've described in other threads and posts how I arrived at my conclusion, and am certainly open to being corrected. Lord knows I've been corrected plenty of times in the past, and I do take it well.

Do you have a citation to a federal or state law that has been violated? Or the name of the common law cause of action? Or a case where forged historical documents were found to result in criminal liability?

[daguberment]

Dan's daughter, Robin Rather, has written letters to her father. The use of a pen in composing these letters is entirely consistent with her past patterns. We have not heard anything from the Rather family disproving the letter provided in your post.

[kittymyrib]

Max "The Messenger" Cleland did not make the trip to Texas just to have a 20 min. skit for the cameras in Crawford. Surely someone knows where he went from there. Baird, where Burkett's ranch is located, is not that far away. Someone in the PBI (Pajama Bureau of Investigation) ought to be able to find out where he was before he left Texas.

[hosepipe]

In the Kerry campaign.. where are Ickeys and Carville... ?

AWOL.... maybe not... LoL...

[Cboldt]

If one is to believe that nutcases can use forged military documents to rig a presidential election and then walk off scot free, Burkett is not alone in being delusional.

I've described in other threads and posts how I arrived at my conclusion, and am certainly open to being corrected. Lord knows I've been corrected plenty of times in the past, and I do take it well.

Do you have a citation to a federal or state law that has been violated? Or the name of the common law cause of action? Or a case where forged historical documents were found to result in criminal liability?

A quick follow-up, citing threads that contain some of my previous comments:

http://www.freerepublic.com/focus/f-news/1216465/posts?page=133#133 <-- read from #133
http://www.freerepublic.com/focus/f-news/1217992/posts?page=55#55 <-- See 55,72,101,113
http://www.freerepublic.com/focus/f-news/1218457/posts <-- See #6 (by ScottFromSpokane)
http://www.freerepublic.com/focus/f-news/1219685/posts?page=37#37 <--

[hosepipe]

[ This all goes well beyond the freedom of the press and freedom of speech. Fraud is not protected by the Constitution. Fraud does not need to be successful for one to be charged with attempted fraud. Any way you cut Burkett's actions, if he is the source and forger of those documents, he'll need a lawyer. ]

No problem.. We couldn't even impeach a known proven traitor and malfactor on so many fronts they were not even addressed.. It all depended on the meaning of what the word "IS", is.. His lawyer will/would probably be Richard Ben Viniste.. whom flumox'es republicans for fun and profit..